The Respective Responsibilities Of The Supplier And The Client In A Software Implementation Project

What you need to know — Whether you are the supplier or the client, the scope and intensity of your obligations may vary depending on the type of project and the terms and conditions of the contract for the instalment and implementation of an information technology solution, such as a software suite or a migration to a cloud-based solution:

1. If the supplier's role is specific and well-defined, its obligation may well be one of result, meaning that the supplier will not be excused for not fulfilling it unless it proves that its failure to do so was due to force majeure.
2. If the mandate the supplier must perform is subject to vicissitudes or uncertainties (as is often the case), its obligation will only be one of means; that is, to act with prudence and diligence. The more the supplier's mandate is general in nature, the more its obligation will be subject to vicissitudes and likely to be considered by the courts as a mere obligation of means.